This is my next article in a blog series about how to annul a marriage in Las Vegas, Nevada. In my last post, I discussed the situations that justify an annulment. There are specific grounds that must be met to qualify for an annulment in our state. A couple may seek an annulment if a marriage was entered into under fraudulent circumstances, if one or both spouses lacked the necessary capacity, or the marriage is void by law. In this article, I will address the process of filing for and obtaining an annulment. Many people are not familiar with the process of seeking and obtaining an annulment because they are far less common than divorces. If you are in need of assistance getting an annulment in Nevada, contact my office to speak with a family lawyer.
The process begins when one spouse files a Complaint for Annulment with the Clark County Family Court. The Complaint must include basic information about the marriage, the spouses, and the grounds for annulment. It should also include other relevant details such as children, property, debt, and alimony. The other spouse must be formally served with a copy of the documents after the Complaint has been filed. This ensures that the non-filing spouse is aware of the case and has an opportunity to respond. The responding party has a short period of time of twenty days to file an Answer with the Court. An answer could include: an agreement to the annulment, a denial of the grounds, or some other legal issues. Failing to respond with the given time frame can result in the Court entering a default against them. A default means the Court can decide the case without input from the non-responding party. Service and response are essential steps in the process. Failure to handle them correctly can delay the case or cause problems later.
Annulments in Nevada are usually completed either by agreement or default. The case can proceed quickly and with minimal conflict when both parties agree to the annulment and the legal grounds are clear. The Court typically holds a prove up hearing after a default is entered. The prove up hearing is placed on the Court’s uncontested calendar, which is for cases where there is no disagreement between the parties. The filing party will appear before the judge and briefly testify to the facts of the case, including when and where the marriage occurred and why annulment is being requested. The judge will review the testimony and the written documents and may sign a final decree of annulment while at the hearing. It is a straightforward process and much less stressful than litigation.
A case becomes more complex when the annulment is contested. The matter will proceed through litigation just like any other civil lawsuit. This means both parties may engage in discovery, which involves gathering evidence, exchanging documents, taking depositions, and filing Motions. The Court will schedule hearings, set deadlines, and eventually set the case for trial if no agreement is reached. Both sides will present evidence and testimony at trial, and the judge will make a final decision. This process can take several months or even longer, depending on the complexity of the case and the Court’s schedule. Litigation is also more expensive because of the time and work involved. The process can become even more drawn out if there are property disputes of claims of fraud or coercion.
An annulment is not always an option. Nevada law provides another sure way to legally end a marriage: divorce. Divorces do not require the same strict legal grounds that annulments do. Divorce can be granted based on irreconcilable differences, so parties do not need to prove wrongdoing or fault. The Court will typically grant a divorce if either spouse wants one, even if the other party disagrees. The Court in Nevada has jurisdiction to hear the case as long as one party has lived in the state of Nevada for at least six weeks before filing. If you are unsure whether you qualify for an annulment, contact an experienced attorney for assistance.
If you are considering pursuing an annulment then contact my office for help. I can review your circumstances, explain whether you qualify, and help with every step of the process. It is important to retain an attorney who has experience with these matters. I am a Las Vegas annulment lawyer who takes pride in providing excellent legal service to everyone. Contact my office online or by phone today.